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2001-12 . . . .'. ' . . Department of Emergency Services . Emergency Management Division 531 Sunnyside Dr. Leesburg, Florida 34748' (352)315-8300 FAX (352) 315-8308 http://www.lakegovernment. com/emergency-services. htm August:t5,2DDi w~kjv\'e s~[..(.v\'oIey-s;,' Gttkj M~v\'~gÙ GlerVlA.oV\,t, Gttkj of 'P.O. 1!;O)( i2D2:;3 GlerVlA.oV\,t FL 34 712-12i.3 Þe~r !vir: s~uv\'oIevs: Att~CVteol. ts tVte fullkj e)(ecuteol ortgtv\'~l CD'pkj of tVte V'vtW st~tewtole Mutu~l Atol AgreeVlA.eV\,tJor kjour jurtsoltctíov\', . . . . . . SVtoulol kjou Vt~ve ~v\'kj questíoV\,s, 'Ple~se feel frte to c~ll VlA.e ~t (352) 3i5-r?30D. stll\iCtreLkj, '.~~~.~~ K~rev\' "BjoV'vts, FÞ6M, 6FO' 'DLl'tctol' of 6V1A.tl'gtv\'Ckj M~ II\.liIgtVlA.tV\,t Kr:d :'D'j):01 j . DISTRICT ONE JENNIFER HILL DISTRICT TWO ROBERT A. POOL DISTRICT THREE DEBBIE STIVENDER DISTRICT FOUR CATHERINE C. HANSON DISTRICT FIVE WELTON G. CADWELL . -. ."\ 8 . . . STATE OF FLORIDA D E PAR T M EN T 0 F COM M U NIT Y A F F A IRS "Dedicated to making Florida a better place to call home" JEB BUSH GOIIernor STEVEN M. SEIBERT Secretary . \ lAKE COUNTY July 18, 2001 JUl 2 it 2001 Mr. Wayne Saunders, City Manager City of Clermont Post Office Box 120219 Clermont, Florida 34712-0219 EMERGENCY MAN{.GEME~n i Dear Mr. Saunders: Enclosed for your records is a copy of the executed July 31, 2000 Statewide Mutual Aid Agreement between the City of Clermont .and the State of Florida, Department of Community Affairs. The City of Clermont's participation in the Mutual Aid Agreement will further enhance Florida's ability to plan for, respond to, and recover from a future disaster. Your participation in the Statewide Mutual Aid Program is vital to Florida's Emergency Management System and is greatly appreciated. A report that lists all authorized representatives participating in the Statewide Mutual Aid Agreement is available upon request. Thank you for your prompt attention to this agreement. Should questions ~se regarding the report or agreement, please call Mr. Michael McDonald at" (850) 413-9953. .' Respectfully, ~~ ~ Craig Fugate, Interim Director Division of Emergency Management W:CF:ba Enclosure cc: Karen B. Jones, Director Lake County Emergency Management 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us - CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suile 212 Marathon, Florida 33050-2227 (305) 289.2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, Fl32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2575 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING" COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 ; . . . . '.' . . . July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT ; This Agreement between the DEP ARTMJ;:NT OF COMMUNITY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the '", disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of anyone local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government .' may be unable to meet with existing resources, but that other local governments may be able to ~ffer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. . . . . . July 31, 2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with ~pecial functions may make additional resources available for use in emergencies; Based on the existence of the foregoing conditions, the parties agree to "the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have '\, the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regio~al governments signing this Agreement. ." "¡ , : C. The "Department" is the Department of Community Affairs, State o{FÍÓrida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 . . . . . July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State i Coordinating Officer for use as his or he~.headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). -. I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the ", powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin òi to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 . . . . . July 31, 2000 Fla. Stat. (1999), or any Community Colle~e District within the meaning of § 240.313(1), Fla. Stat. (1999). Moo An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). .. N. A "local government" is any educational district and any entity that is a "local '" governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a maj or or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agr6~- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within fiv~ (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 . . . . . July 31, 2000 of the Requesting Party, unless the State Emergency Operations Center has been activated ¡ in response to the disaster for which assi~tance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- -, vision or to another Participating Party. If the Requesting Party transmits its request for .'\ Àssistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Ðivision advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- I propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies; services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 . . . . . July 31, 2000 accordance with the Comprehensive Emer~ency Management Plan. ARTICLE IV. Responsibilities ofRequestine Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting - Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting ", Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support I:unction; " ", , : , D. A description of the types of personnel, equipment, services, and supplies"needed --. for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside" the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 6 . . . . . July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and ¡ . receive the personnel and equipment oftþe Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. '\ ARTICLE V. Responsibilities of Assistine: Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it " without delay to the ReqÜesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 . . . . . July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, ¡ . and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting -'. Parties; and "'\ E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emerge~by that affects the Assisting Party, all personnel, equipment, supplies, services and other rešciiirces of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and maj or disasters, the Assisting Party shall t? the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 . . . . . July 31, 2000 be responsible to provide food and shelter fqr the personnel of the Assisting Party unless the. ; Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. " '\, B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and-Shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- " sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or th~ Àssisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 . . . . . July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon i as practicable, but not later than thirty (3D) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. ,. \ C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items. on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the . Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 . . . . . July 31, 2000 other Participating Party whose normal duties include emergency management, and the other ¡ Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- "". in thirty (30) days to consider any documents and any statements or arguments by the Depart- '\ ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close ofthe hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- " ""/ partment, the Department shall not be liable for the costs of any such assistance. All requésts to the Federal Emergency Management Agency for the reimbursement of costs in~iiITed by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 . . . . . July 31, 2000 ARTICLE VIII. Costs Elieible for Reimbursement. The costs incurred by the Assisting i Party un~er this Agreement shall be reimbursed ~s n~eded to make the Assisting Party whole to the fullest extent practic~ble. A: Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive ftom the Assisting Party all their usual wages, salaries, and any ." and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and-all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimburs'ed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuei and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 . . . . . July 31, 2000 Party may provide fuels, consumable supplies, maintenance, and repair services for such ¡ equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such..tlamage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include nonnal deterioration, spoilage and damage notwithstanding the exercise of reasonabl,e;dke . -"_. in its storage and use. Supplies remaining unused shall be returned to the Assisting' Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and oflike grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 . . . . . July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under i this Agreement. Such records shall preSent information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and ,applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8 :00 a.m. and 5 :00 p.m. on all weekdays other than official holidays. ARTICLE Ix. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the reqúire- . ,'. ments of the Workers' Compensation Act, as amended, affording coverage for any òfits em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 . . . . . July 31, 2000 C. Any Participating Party that is s~lf-insured with respect to any line or lines of in- ; surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, , . any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party .' , of liability for its own conduct and that of its employees. . , " G. Nothing in this Agreement shall be construed to obligate any Particip~iiñg Party to indemnify any other Participating Party ûom liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 . . . . . July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurr~d for travel, such bills shall be submitted in accordance with -. applicable requirements for the reimbursement of state employees for travel costs, ~. . C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D, No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended, " '/ E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100, Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating PartY on Form A attached to this Agreement. For the 16 . . . . . July 31, 2000 purpose of this Section, any such communic~tion may be sent by the U.S. Mail, may be sent i by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this. Agreement by any Participating Party which is a signatory '\ to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations'efthat Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement," bùt such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistel1t with the latter. 17 . , . . . . . July 31, 2000 D. Unless superseded by the execution of this Agreement in accordance with Section ¡ A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will conti~~~ in effect for one (1) year 1Ì"om its date of execution by that Participating Party, and it shall be '" . automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F, The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the " , "j Department. Such amendment shall take effect not later than sixty (60) days after thC?,date of its execution by the Department, and shall then be binding on all Participating' Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- merit may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Aoplication of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 . . . .' e. July 31, 2000 Agreement are not independent, but dependent. i B. Time shall be of the essence 9fthis Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and 0, promises of the Participating Parties with respect to the subject of this Agreement, and there '\ , are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. - E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 . . July 31, 2000 . IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: . DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS "\', STATE OF FLORIDA By: ~k vÞf/ Director . ATTEST: CLERK OF THE CIRCUIT COURT k of the sioners of . Date: 1!co¡ÚJ I BO~ O~CC:~~~ COMMISSIONERS OF ~~ COUNTY STATE OF FLORIDA " j BY:~'þ_~. ~ " Catherine C. Hanson. Chairman D.te:~ ~J ~I . . Approved as to Form: By: V'- "\ Valerie C. Fuchs, Assistant County Attorney 20 . " , . . . . July 31, 2000 . RECEIVED PREPAREDNESS & RESPONSE 2001 JUL II M~ 9: 25 DIVISION OF EMERGENCY MANAGEMENT ¡ DEPARTMENT OF COMMUNITY AFFAIRS ~ STATE OF FLORIDA By: Director ATTEST: CITY CLERK ..-- BY<)- ~ Title: ' t' I T1 t t..c '" Ie-- - 21 Date: 7 jt¡{D I -, "\. CÌTYOF (!,/ermonl STATE OF FLORIDA By: ~~~~ Title: -DlOJ.J () í Date: /0" {J..'- cy) .' . ¡ , ; Approved as to Form: , By: City Attorney . . . . July 31, 2000 . DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY AFFAIRS ~. STATE OF FLORIDA By: Director STATE OF FLORIDA DISTRICT, By: Title: Date: '. - "- By: Title: Date: Approved as to Form: By: Attorney for District 22 . . . . . .~ l '-4"-::D\ ~J July 31, 2000 STATEWIDE MUTUAL AID AGREEl\1ENT ; FORM A Date: October 27. 2000 Name of Government: Ci ty of Cl ermont Mailing Address: Post Offi ce Box 120219 City, State, Zip: Cl ermont. Flori da 34712-0219 Authorized Representatives to Contact for Emergency Assistance: Prima" Representative . Name: Wayne Saunders, Ci ty Manager Title: Ci ty Manager Address: Post Offi ce Box 120219, Cl ermont, Flori da 34712-0219 Day Phone: 352-394-4081 Night Phone: 352-394-2339 Telecopier: 352-394-1452 InterNet: cl rmntcm@gate. net First Alternate Representative .' , : Name: Preston Davi's T~~: Public Services. Director . Address: Post Offi ce Box 120219, Cl e,rmont, Flori da ,. . 34712-0219 Day Phone: 352-394-3350 . Telecopier: 352-394-8776 Second Alternate Representative N~htPhone: 352-394-4931 InterNet: cl rmntpd@gate. net Name: Title: Address: Day Phone: Night Phone: InterNet: Telecopier: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Department of Community Affairs-Divísion of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399-2100 23 .. " . . . . . . July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT ; Form. B Date: Name of Requesting Party: Contact Official for Requesting Party: '.'. Name: '\ Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of ;Assistance Needed: 24 . . . . . July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Foryn B 4. Types of Resources Needed: ~ " 5. Description of Infrastructure: .' , : 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 . . . . . July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT . . For~ B 8. Time, Place and Date to Deliver Resources: -. ", 9. Names of Supervisors for Requesting Party: . 26 . . . . . July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT ¡ Form"C Date: Name of Assisting Party: Contact Official for Assisting Party: "'-- Name: Telephone: InterNet: 1. Description of Resources: .' ¡ . '" : " . . .".- 2. Estimated Time Resources Available: 27 . . . . . " July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT ¡ Form C 3. Estimated Time and Date to Deliver Resources: -. '-, 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: ." ¡ . ,. : . , -,' 28 . . . . . lAKE COUNTY ~ EMERGENCY MMMGEMENT CITY OF CLERMONT MINUTES )U:GULAR COUNCIL MEETING OCTOBER 24, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 24, 2000 at Jenkins Auditorium. Mayor Turville with !he following Council Members present called the meeting to order at 7:30 p.m.. Council Member Biddle, Council Member Mullins, Council Member Lamb and Council Member MacLauchlin. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Maddox. _,..INVOCA TION The Invocation was offered by Council Member Mullins followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Mullins. seconded by Council Member r.:"j' Biddle. and carried unanimously to aoorovethe minutes of the Council Meetinf! '-i}O 7) held October 10. 2000. CITY MANAGER SAUNDERS' REPORT Workshop 'i . . City Manager Saunders canceled the workshop scheduled for October 26, 2000 and rescheduled a workshop with Council Members to discuss Lost Lake Reserve for 6:00 p.m., Thursday, November 16,2000,2000, at the Police Department Community Room. City Manager Saunders stated that the Chamber of Commerce has requested a $1,000 contribution to help finance the "Light Up Clermont" event this year. Mr. Saunders requested council approval to appropriate the funds. Council Member Biddle stated that the money was specifically being requested to help with the parade as the Downtown Clermont Partnership and Main Street Organization is handling the craft show and the Friday night events. . A motion was made by Council Member Biddle, seconded by Council Member at) - MacLauchlin and carried unanimously to contribute $1.000 to the Chamber of boo.) '\ Commerce to assist the financinf! of the parade for "Lif!ht Up Clermont ", - . '. . CITY OF CLERMONT MINUTES ,REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 2 City Manager Saunders stated that Clermont Downtown Partnership has requested that the Council consider closing Montrose Street from/West Avenue to Jenkins Auditorium during the hours of 6:00 p.m. and 9:00 p.m. for the First Friday Events as the event has gotten so successful and is drawing such a crowd that they feel there is a safety issue. Mr. Saunders stated he felt the idea was a good one and the City has been fortunate in that there has not been an accident considering the number of people that attending the event. ¥ayor Turville asked if the downtown businesses had been polled and if they were in agreement ~ith the street closing. Sheiry Halgren of the Clermont Downtown Partnership Board stated that all of the members of the Partnership were called and there was only one "no" vote. Ms. Halgren stated there was consensus of the Partnership that there is a safety issue since the street is so crowded with pedestrians, including c1Ïìldren. . Mayor Turville stated he was concerned that some restaurants in the area may have an objection to the street closing and Council Member Mullins stated that th and 8th Streets would be open to allow for parking and access to any downtown restaurants. A motion was made by Council Member Mullins. seconded by Council Member Of' ~ Biddle and carried unanimously to close Montrose Street from West Avenue to U ,.:;. Jenkins Auditorium from 6:00 p.m. to 9:00 O.m. durinf! the November and ?-O')' December First Friday events. and to revisit the issue after that trial oeriod. City Manager Saunders stated there was another request from the Downtown Clermont Partnership, which was discussed with the Council at a previous workshop, regarding having a stage on the west side of West Avenue where musical events occur. Council Member Biddle stated that on the City property to the east of the Mulberry Inn property there is a flat spot and the Partnership would like to build a flat wooden outside deck, with no top or back and no power, for use by the entertainers for the First Friday events. Mr. Biddle stated it would put the entertainment where the people are instead of on anyone's personal property. Council Member MacLauchlin asked for the proposed dimensions of the stage/deck and Mr. Biddle stated it would be 10 ft. X 16 ft. . Mayor Turville asked if this matter could be put on a Council Agenda to avoid any conflict and to make certain all of the residents in the area had an opportunity to give their input. . . . . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 3 Council Member Mullins asked ifthere were any i~sues regarding having a stage built on a public right-of-way and City Manager Saunders stJted that the stage would be a public stage and would be owned by the City of Clermont. .' There was consensus that the issue regarding allowing a stage/deck to be built on the City's right- of-way on west end of West Avenue be advertised on a Council Agenda. City Manager Saunders stated that the West Avenue parking project is on s,?hedule and should be completed in time for the Pig On The Pond event. Mr. Saunders stated tharthe City came in considerably under budget on that project and he requested Council'~ approval ofa Change Order to go ahead and mill out the old asphalt and overlay those two blocks. Mr. Saunders stated that there are a lot of cracks in the surfac~~hat will create problems and it can be milled out and overlaid for $17,197, which is still within the total budget for the project. A motion was made by Council Member MacLauchlin. seconded by Council tJ ~ Ô ,:i Member Biddle and carried unanimously to aoorove the chanf!e order for ^ f);f Georfletown Enterorises. Inc. to mill out the old asohalt and overlay the two (r blocks of the West Avenue oarking oroiect. in the amount of$17.197. City Manager Saunders stated that in the original contract for the Hancock Road Recreational Park, the grass parking area was to be seeded and mulched. Mr. Saunders stated that because of the slopes it has been very difficult to maintain the seed and the contractor is willing to give the City full credit for the seed and mulch and sod the parking area. Mr. Saunders stated that the goal is to have the park open by February, 2001 for the Softball Jamboree and stated he is requesting $4,875 be appropriated from the Recreation Impact Fees in order to sod that parking area. . A motion was made by Council Member Biddle. seconded by Council Member Mullins and carried unanimously to aoorooriate $4.875 from the Recreation GO::) """1 Imoact Fee fund to sod the oarkinf! area at Hancock Road Recreational Park. ~::.C J CITY ATTORNEY GUTHRIE No report. . . .. . . CITY OF CLERMONT MINUTES . REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 4 FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Council Member Biddle sta.ted that the second "Meet the Candidates" Hob Nob was a success and he thanked all of the Council Members and qt~ Attorney Guthrie for attending. COUNCIL MEMBER MULLINS " No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MACLAUCHLIN .' . . No report. MAYOR TURVILLE'S REPORT Mayor Turville requested the Council to consider putting the second $25,000 homestead exemption issue on an agenda. Mayor Turville stated that Finance Director Van Zile had information that allowed him to calculate the impact it would have on our City and he asked Mr. VanZile to report regarding that impact. Finance Director VanZile stated that he obtained information from the Lake County Property Appraiser's office and based on the applications that he had received, the number was in the neighborhood of less than $5,000 as far as the reduction to our ad valorem property taxes, which is not a great amount considering how much we receive on an annual basis. Mayor Turville stated that based on what appears to be a minimal impact, he would urge to Council to put the matter on an agenda as there are citizens that need to benefit from that exemption and if we do not do something prior to December, another year will go by and those citizens will not be able to realize this opportunity. . . . . . CITY OF CLERMONT MINUTES . REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 5 CONSENT AGENDA Mayor Turville read the items listed on the Consent Agenda and asked that if anyone wished any item to be pulled for discussion. Item No.1 Agreemen t New.Ståtewide Mutual Aid Agreement J:¡ between The Department of Communitý Affairs and the City of Clermont Item No.2 Hancock Road Recreation Park Change Order No.1 A motion was made by Council Member Lamb. seconded by Council Member 0 ð . Mullins. and carried unanimously to âoproye1tems one and iWòiòn the Consent :+ot Agenda. UNFINISHED BUSINESS Hunter's Trace Investment, Inc./Bob Wade City Manager Saunders stated that this request is referring to the old drive-in sign located on Highway 50 between McDonalds and the Speedway Gas Station, which is currently a non-forming sign and Mr. Wade is requesting a variance to allow the sign to be utilized as an off-site sign to advertise businesses on Frontage Road south of that area. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk VanZile swore in the following: Bob Wade, 1363 W. Lakeshore Drive, Clermont, Florida Mr. Wade stated that the sign has been in exist~nce since 1946 and the two property owners who have businesses on the old drive-in site wish to advertise their businesses on the sign. Mr. Wade stated that the business ow:ners have indicated that they would only . . . CITY OF CLERMONT MINUTES . REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 6 have approximately three words each on the sign. Mr. Wade stated that he has agreed to Deed the property to those business owners. Mr. Wade stated that he presented this at a previous workshop and would like the Coun9ii's approval. . Mayor Turville stated that the issue is that the sign is a non-confonning, off-site sign and at the workshop it was heavily debated and discussed regarding the nature of the "grandfather" and the fact that the parcel involved can probably be used for nothing but an off-site sign because of the small size of the property and the way the properties are divided around it. Mr. Turville stated that there was consensus to consider a variance and the discussion continued regarding how many off-site parties would be represented on . that sign. Mayor Turville stated that his opinion was that the parcel has very little value if it is not utilized as a sign as it has historically been used, but stated he is not in favor putting multiple advertisers on the sigñ as only one advertiser was historically on the sign and he felt that was enough. '" Council Member MacLauchlin confinned with Mr. Wade that he was going to Deed the property to the owners of the Holiday Inn Express and the owners of People's Bank. Council Member Lamb stated that she felt that because the property has a separate legat description and the property has been used for a sign since 1947 and because not having a sign there would render the property no value, if the variance is denied that would constitute a taking ofMr. Wade's property and the City would be overstepping its bounds to do that. Ms. Lamb stated she felt Mr. Wade had a right to have the sign there because that is the only thing the property can be used for and she does not believe there should be any limitations put on how property can be used and stated that Mr. Wade has agreed that the property will only be used to advertise two businesses, which she feels is an extreme compromise on his part. Council Member Mullins asked Mr. Wade if he intended to refurbish the top of the drive- in sign which still says "Clervue-l Block-Drive-In Theater" and Mr. Wade stated it would be refurbished as close as possible to how the sign looks now. . Council Member Biddle stated that there seems to be consensus that all of the Council Members would like to see the drive-in sign stay, and the only issue is how many businesses should be allowed to advertise and stated he would like an agreement to allow community announcements on the sign. . . . . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 7 A motion was made bv Council Member Lamb. seconded bv Council Member Biddle. to f!rant a variance to allow two búsinesses to be represented on the old drive-in theater sign. City Manager Saunders asked for confirmation of what was going to happen with the top part ofthe sign, which currently says "Clervue Drive-In-l Block" and Mr. Wade stated he would attempt to keep that. o. Council Member Mullins stated that visitors to Clermont seeing the top ofthe sign would turn left and 's~art looking for a drive-in theater. Mr. Mullins stated that will confuse visitors and asked for discussion on what to do with the top of the sign and asked if it could be cleaned up and the outline kept. Mr. Wade stated he had no problem with the top of the sign being used for community-announcements. City Manager Saunders stated that everyone agrees that the sign has no official historical definition, however the top part of the sign has a historical look and if keeping the historical look is the concern of the Council and the top ofthe sign is changed, any historical significance will be lost. Mayor Turville reminded the Council Members that the Council cannot condition a variance and ifthe Council chooses to support this variance request based on the fact that the sign is going to be reflective of anyone's individual thoughts, he would caution that approval would have to be based on faith because there will be nothing to require Mr. Wade to perform. " Council Member Biddle stated that he would be more comfortable if he had a picture in front of him showing what the sign was going to look like and he stated he was concerned that the Council still does not have that. Mr. Biddle stated he wanted Mr. Wade to be able to use the sign, however he would like to know exactly what the sign will look like, for the record. Council Member Mullins stated that since Mr. Wade has indicated that he is selling the sign to someone else, maybe the Council should wait and grant the variance to the new owners rather than Mr. Wade. Mr. Wade stated that he was the owner of the Holiday Inn Express so he is one of the principals and People's State Bank is basically going to just have a logo. . . . CITY OF CLERMONT MINUTES . REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 8 Mayor Turville asked City Attorney Guthrie his opinion and Mr. Guthrie stated that if the variance is approved the conditions will carry forth to the new owners and the Council can restrict the area of copy on the sign and the ,Council needs to look at the copy area of the sign and decide what it wants to do from there. City Manager Saunders stated that Mr. Biddle's comments identified the issue in that several meetings ago the Council requested that Mr. Wade present a mock-up of the sign showing exactly what is going to be there, so that the Council could either approve or not approve based on the submittal. .. '" . Council Member Lamp stated that she had researched the matter and felt that when someone has a piece a property that only has one use and is denied that use it is considered a taking. Ms. Lamb sited a Supreme Court Ruling and stated she felt the ruling applied to this issue since this is a separate parcel of property with its own legal description and has economic value, and she did not see how the City could step in and take away all the value ofthe property. Ms. Lamb stated she felt this was a fundamental property rights issue. Mayor Turville stated that the issue being proposed here is not taking the sign away or tearing it down, but the motion on the table basically allows two off-site signs, where historically there was only one and therefore Mr. Wade is not compromising anything. " ¡ , : Council Member Lamb stated she felt that it is Mr. Wade's property, which has been uséd since 1947 as a sign and he has a right to use that sign to his liking. Ms. Lamb stated she felt the Council was regulating Mr. Wade and holding a gun to his head by saying that if he did not do what the Council wants, they would deny the variance. Mayor Turville asked for a vote on the motion. . Council Member Biddle stated that if the motion was voted on and did not pass, then Mr. Wade would not be able to bring it back before the Council for a year, and Mayor Turville stated that the motion on the table could be amended to allow Mr. Wade to bring the request back before the Council sooner. Mayor Turville stated that while the Council Members have concerns, there is consensus that everyone wants to work this out so that Mr. Wade can have a sign. Council Member Biddle withdrew his 2nd of the Motion on the table and stated he would like some confidence that when the variance is approved, the Council will have in front of them exactly what they are approving. . . . . . CITY OF CLERMONT MINUTES . REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 9 Mayor Turville asked Mr. Wade if he would like t9 request the variance request be tabled until he could produce a mock-up of the sign to show the Council and Mr. Wade stated he was willing to do that and would bring the requ.~st back before a workshop. Council Member Mullins stated he would rather wait until Mr. Wade has had additional time to produce exactly what he wants to do because if the variance that is up for vote now is granted, it would give Mr. Wade a carte blanche and he is not willing to do that. Mr. Mullins'st¡ited he would like to see Mr. Wade keep the sign and see the businesses prosper, but is not willing to give carte blanche. '\ Council Member-Lamb stated to Mr. Wade that he was being required to give the other Council Members exactly what they wanted or they were going to deny him use ofhis property rights. City Manager Saunders confmned that Mr. Wade could be first on the November 16, 2000 Workshop Agenda ifhe wanted to provide pictures of the proposed sign and the matter could be back on the City Council Agenda in December. Mr. Wade said he was willing to agree to only having two logos on the sign and asked Mr. Guthrie is that could be put in the variance and voted on tonight. " City Attorney Guthrie stated that what is being asked for is a definition of the amount of area that will be used for advertising copy. Mr. Guthrie stated that the long-term concern is that over time a sign can change and unless the area that can be used for copy is defined, it could be a problem. After further discussion Mayor Turville reminded the Council that they may not condition the variance and while Mr. Wade may have good intentions, in the future someone else could come in under this proposed variance and be allowed to do anything, such as use it for changeable copy. Mayor Turville stated that what brought this about to begin with was a Code Enforcement violation because the sign was being used as an off-site sign for another business, which is against our Code. Mayor Turville stated that what is being discussed is whether to grant Mr. Wade an unconditional variance and what is being asked for by the Council are assurances that over time, since this variance will run over the land, that the intent ofthe Council is met. Council Member Lamb asked what choices Mr. Wade had and City Attorney Guthrie stated that traditionally when a Code Enforcement action is pending, if a property owner will take an action to concede to the Administrative Order and conform with the Code, the Code Enforcement action is usually vacated. Mr. Guthrie stated that in the event the Council does not approve a variance. for the sign, because of the Code Enforcement violation, the City could require that the sign be - . . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 10 removed. Ms. Lamb stated it seems Mr. Wade either plays ball with the four Council Members who have a problem with this, or he must go through Code Enforcement at which time he could legally have his property taken. Mayor Turville ~tated he did not feel the Council was asking Mr. Wade to "play ball" and that all the Council was'requesting was a picture so that they could see what they were voting for. Mr. Wade stated that he would like to table his variance request until he can provide pictures and have a workshop with.~e Council unless City Attorney Guthrie would allow them to work out the details of the variance at thi~ meeting. '\ Council Member Mullins èxpressed his ideas of how the sign could be allowed and stated that although the intent was good, he did not feel that the Council could legislate charity and therefore could not require that the applicant use a specific portion of the sign for community service announcements. Council Member Biddle agreed. . There was extensive further discussion regarding the size of copy that should be allowed on the sign, the area ofthe sign that may be used for copy. There was consensus that Council would approve a variance allowing the existing non-conforming sign, with the changeable copy area limited to permanent business signage to be utilized as an off-site sign with no more than two deeded businesses located at the corner of Highway 27 and Hook Street allowed to advertise, in perpetuity and that the top of the old drive-in sign will stay the same. There was also consensus that this specific sign was unique sign and that a special ordinance should be written to cover this specific sign. A motion was made by Council Member Mullins, seconded by Council Member Biddle. and approved 4 to 1 to allow the existing Clervue Drive-In non- conforminf!: sif!:n to be utilized as an off-site sif!:n and that only UP to two deeded businesses. which shall be located at the corner ofHif!:hway 27 and Hook Street, shall be allowed to advertise on the sif!:n in the existinf!: plastic chanf!:eable cOPV area, in perpetuity. that the top portion of the old drive-in sif!:n will stav the same; and that the City Manaf!:er shall reserve the rif!:ht to approve the copy 011 the sif!:n. Mayor Turville opposed. /': ,. 0 5iJ~ Ordinance No. 40S-M-Final Reading . City Attorney Guthrie stated that he still had a problem with some of the proposed language of the Ordinance and requested that it be tabled to a time certain November 14, 2000. . . . . . CITY OF CLERMONT MINUTES . REG ULAR CO UN CIL MEETING OCTOBER 24, 2000 Page 11 A motion was made by Council Member Biddle. seconded by Council Member 00; Mullins. and carried unanimously to table.ordinance No. 405-M until a time /'vI U certain on November 14. 2000. tJ' VISITORS WITH BUSINESS Daryl Carter/Solo Development Corp. o. Mayor Turville stated that it was his understanding that this matter was tabled at{he -. Planning and. Zoning Commission meeting for further review and Staff is recommènding this be tabled to a time certain November 28, 2000. A motion was made bv Council Member Biddle. seconded bv Council Member Mullins. and carried unanimously to table the request for a Conditional Use Permit by Darly Carter/Solo Development Corp. until a time certain on November 28. 2000. o!!~ ; 1\ ./' Resolution No. 1162 Finance Director Van Zile stated that this is a project that has been worked on for approximately one year and it is to refinance a bond issued back in 1996 as well as to provide additional funding for projects that were included in the current year budget. Mi. Van Zile stated that the Resolution authorizes the issuances of Water and Sewer Revenue Refunding Bonds-Series 2000 in an amount not to exceed $18,200,000. Mr. VanZile stated that the security for this Bond is totally based on net revenues ofthe Utility System, which was the goal since the City did not want to have to go outside of the Utility System to secure the Bond. Mr. VanZile stated that about 2 Y2 million dollars of impact fees will also be used to help fund some of the projects included in this. .' / : City Manager Saunders stated that the largest project this Bond Issue will support is the expansion of our East Side Sewage Treatment. Mr. Saunders stated that the Bond issue is to be repaid over a thirty-year period and stated that members of PFM, the financial advisors were present to provide details or answer questions. Mayor Turville read Resolution No. 1162 by title only. Mayor Turville asked if there were any questions or comments from the audience or the Council and there were none. . . . I . .8 CITY OF CLERMONT MINUTES . REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 12 ~." A motion was made by Council Member MacLauchlin. seconded by Council cJ,~J Ii" Member Mullins. and carried unanimously to adopt Resolution No.1 J 62. (I" Resolution No. 1163 Mayor Turville read Resolution No. 1163 by title only. ,. Finance Director VanZile stated that in 1963 the City received a loan from the City of Arcadia Loan Pool to refmance a 1972 Water and Sewer Bond Issue as well as a 198~ Water and Sewer Bond Issue. Mr. Van Zile stated that this Resolution will repay the lòan approximately 15 years only and will remove restrictive covenants imposed in the 1993 loan documents, which will allow us to issue the new Bond and any future Bonds. Mr. VanZile said that the City is prepaying this loan with cash reserves and impact fees and there is no additional debt being extended. A motion was made by Council Member Biddle. seconded by Council Member Mullins. and carried unanimously to adopt Resolution No. 1163. . ,.' ,.' rJ:"" / f', I) t1" NEW BUSINESS " , , . Introduction of Ordinance No. 302-C Mayor Turville read Ordinance No. 302-C by title only. City Manager Saunders stated that this grading plan has been reviewed by the City Council and City Engineer Richardson at previous workshops. Mr. Saunders stated that the ordinance creates the grading guidelines for all future development and will be made part of the City's Land Use Development Regulations. Mr. Saunders stated the final reading and public hearing will be at the November 14, 2000 meeting. A motion was made by Council Member Biddle. seconded bv Council Member Mullins. and carried unanimously to introduce Ordinance No. 302-C /)-- au i I) 1 L¡ t'" Bid Award-Hancock Road Recreation Park Restrooms City Manager Saunders stated that the City received four bids for the restroom facilities at Hancock Park and referred Council Members to the summary of bids. Mr. Saunders . . . . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 13 stated that the low bid came from RKD Construction, Inc., in the amount of$49,850 and there is $60,000 in the budget for this project. Mr~' Saunders stated that the company's references came back very good and Staff is rec9mmending approval of the low bid fTom RKD Construction, Inc. . A motion was made bv Council Member Mullins. seconded bv Council Member 00// Biddle. and carried unanimouslv to award the bid for the construction of the (~ I L, .r restroom facilitv at Hancock Road Recreational Park to RKD Construction. Inc. in the amount of$49.850. - '\ CITIZENS COMMENTS Nancy Fullerton, on behalf of herself and the Save The Lakes Committee thanked the City Council for increasing the stormwater fees. Ms. Fullerton stated the Committee was interested in how the money will be spent. Ms. Fullerton asked for reassurance that the City's Fire Trucks are going to fit into the new Fire Station and City Manager Saunders assured her they would fit. There being no further business the meeting was adjourned at 9:05 p.m. ~ Harold S. Turville, Jr. Mayor Attest r' ~¿~leŒ . . ! CERTIFICATE OF COVE E Certificate Holder State of Florida Department of Community Affairs Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee FI 32399-2100 . Administrator Issue Date 1/29/01 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 -' COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. AGREEMENT NUMBER: FMIT 101 COVERAGE PERIOD: FROM 10/1/00 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE PERIOD: TO 9/30/01 12:00 Midnight Standard Time COVERAGE PROVIDED BY: TYPE OF COVERAGE - LIABILITY General Liability 181 Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury 181 Errors and Omissions Liability 181 Supplemental Employment Practice 181 Employee Benefits Program Administration Liability 181 Medical Attendants'/Medical Directors' Malpractice Liability 0 Broad Form Property Damage 181 Law Enforcement Liability 181 Underground, Explosion & Collapse Hazard Limits of Liability * Combined Single Limit Deductible Stoploss $25,000 Automobile Liability 181 All owned Autos (Private Passenger) 181 All owned Autos (Other than Private Passenger) 181 Hired Autos 181 Non-Owned Autos Limits of Liability * Combined Single Limit Deductible Stop loss $25,000 Automobile/Equipment - Deductible TYPE OF COVERAGE - PROPERTY 181 Buildings 0 Basic Form 181 Special Form 181 Miscellaneous 181 Inland Marine 181 Electronic Data Processing 181 Bond 0 181 Personal Property 0 Basic Form 181 Special Form 0 Agreed Amount 181 Deductible $1,000 181 Coinsurance 90% 0 Blanket 181 Specific 181 Replacement Cost 0 Actual Cash Value Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION 181 Statutory Workers' Compensation 181 Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease 0 Deductible N/A 0 181 Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto N/A - Miscellaneous Equipment Other The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. . These specific limits of liabiiity are increased to $ 1,500,000 (combin:!d sinGle limit) per occurrence. solaly for a:1Y liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or ¡actions outside the State of Florida. Description of Operations/LocationslVehicles/Specialltems Re: Statewide Mutual Aid Agreement THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE, DESIGNATED MEMBER . Mr. Joe Van Zile City of Clermont POBox 1 20219 Clermont FI 3471 2-021 9 FMIT-CERT (10/96) CANCELLATIONS i foHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE 'EXPIRATION 'DATE 11-;¡;fIEOF, Tn' ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS ,"ITTEN NOTICE TO THE CERTIFIC"iE HOLDER NAME.) ABOVE, BUT FAILURE. TO MAIL SUCH NOTICE SHALL IMPOSE NO ù¡;UGATION OR LIAIJILITY OF ANY KIND UPON THE PROGRAM, ITS AGENTS OR REPRESENTATIVES. ~à~ AUTHORIZED REPRESENTATIVE